Castlemaine father Andrea Tindiani appeals to Immigration Minister to intervene in visa case

An Italian man living in Castlemaine man faces deportation — and being forced away from his son — unless the Immigration Minister intervenes.

Andrea Tindiani, his son Marley and former partner Emily. Supplied

An Italian father faces being barred from entry to Australia to see his son for three years, if a last-ditch appeal to Immigration Minister Andrew Giles fails.

Andra Tindiani has been at the centre of long-running immigration case that will determine whether he will be allowed to stay in Castlemaine close to his Australian son, or forced to return to his birthplace.

Mr Tindiani’s situation has gathered significant support online, with thousands of people signing a petition urging the Australian government to allow him to stay.

If he is forced to leave the country, it will be three years before he can re-enter on a new visa.

He and his former partner, who share an 11-year-old son named Marley, have amicably separated and continued to co-parent.
Mr Tindiani had been in Australia on an employment visa but it ended when he was made redundant.

He has since found new work but not been able to secure another long term visa.

Andrea Tindiani, his son Marley and former partner Emily who has been supportive of his attempt to remain in Australia. Picture: supplied

The clock has been ticking down on his ability to stay in the country.

Mr Tindiani suffered a further rejection on July 26 when the migration and refugee division of the Administrative Appeals Tribunal handed down its decision, confirming an earlier ruling to deny him a residency visa.

“The tribunal is satisfied that his case is one of unique and exceptional circumstances,” the tribunal decision stated.

“Accordingly, the tribunal recommends that the Minister consider the exercise of discretion pursuant to s 351 of the Act on the basis that this case is one of strong compassionate circumstances that if not recognised would result in serious, ongoing, and irreversible harm and continuing hardship to an Australian citizen.”

Mr Tindiani said he had been in contact with the Minister’s office last week and was providing more information at the minister’s request.

“We are feeling hopeful and positive still,” he said.

Mr Tindiani said he hoped his case would highlight a gap in the visa system for parents who wanted to stay with their Australian children.

“There is no visa for my situation,” he said.

“There are employment visas, student visas, partner visas but not one for parents in my position.

“The Immigration Minister has the power to offer me a permanent visa such as a resident visa and I am holding out hope he will do that.”

The Department of Home Affairs has said it would not comment on any individual case.

The Minister’s office has been contacted for comment.